We request your guidance on the following
1) What should be done if the secretary and treasure of provisional committee (whose tenure of one year already passed) resigned.
Is there any mandatory period to which outgoing office bearers has to follow.
What should be the process to follow.
Can secretary still call the meeting of managing committee or it’s responsibility of Chairman.
Within how many days after resignation the committee meeting to be called.
I C Naik
Internal management matters are regulated under specific bye-laws of the registered bye-laws of the concerned C H S and hence it is necessary that the year of registration which is included in the registration number of every cooperative society is stated with every question. This number gives an idea of the year of Model bye-laws which are registered by the Housing Society. As most housing societies do not adopt subsequent models in most cases the assumption on bye-laws comes true. When registration number is not indicated an assumption is made to give guidance which may go wrong also.
I assume your society has registered bye-laws as per model 1984.
Pl confirm with the Secretary if your Housing Society’s the registered bye-laws are as per Model 2001.It is also assumed that the cooperative housing society we are concerned with is registered in Maharashtra.
Q : What should be done if the secretary and treasurer of provisional committee (whose tenure of one year already passed) resigned.
A: After One year in office the Management Committee ceases to exist at once. So the resignations of office bearers do not mean anything in law. They were not holding the respective offices.
The registered bye-laws of the concerned C H S are to be followed subject to provisions of the MCS Act 1960 in force. The Governor of the State of Maharashtra has promulgated an Ordinance called the Maharashtra Co-operative Societies (Amendment) Ordinance, 2019 which came in to force on March 9, 2019. Relevant bye-laws of your CHS bye-laws are superseded by the relevant provisions of this Ordinance.
This Ordinance has inserted an exclusive chapter “XIIIB a cooperative housing society” applicable to Cooperative Housing Societies. This Chapter is divided in Sections 154B and Section A54B1 to Section A54B31.
Under Section 154B1&2 of this new Chapter there are two lists of Sections of the MCS Act 1960. List under Section 154B(1) contains umbers of those Sections which continues to apply to Cooperative Housing Societies with consequential minor changes to Cooperative Housing Societies. Lst in Section 154B-2 is of Sections which do not apply to Cooperative Housing Societies at all. Certain Sections of the MCS Act 1960 do not appear in either list and they continue to apply to a cooperative housing society as they stand.
Regulations on Provisional Committee in every newly registered cooperative society are contained in Section 73 of the MCS Act 1960. This Section appears in list as per Section 154B(1) and applies to Cooperative Housing Societies also. Certain bye-laws in the registered bye-laws of the concerned C H S do provide for further details on regulations on Provisional Committee.
Your cooperative housing society was supposed to elect a permanent Committee within one year of its constitution to take charge from the provisional Committee at the First general body meeting of your Housing Society so that on the day one of the second year after its constitution permanent Management Committee is in the saddle. This has not happened. So there is no Committee in your Housing Society which can manage the society as per law because :
Section 73(1) provides : “(1) The management of every society shall vest in a committee, constituted in accordance with this Act, the rules and by-laws, which shall exercise such powers and perform such duties as may be conferred or imposed respectively by this Act, the rules and the by-laws.”
Model bye-laws 1984 has at ANNEXURE- III the ELECTION RULESapproved by the Dy Registrar at the time of registration but they have been super ceded aftee the Constitution (97th Amendment) Act 2011 came in to force in 2013. I Assume that your A COOPERATIVE HOUSING SOCIETY has nor adopted subsequent model bye-laws and as such technically the the registered bye-laws of your C H S are in force subject only to change in the MCS Act 1960 and the MCR 1961 .
The Ordinance which came in to force on 9th March 2019 has changed the Election Rules for housing societies having not nore than 250 members. They can hold elections in general body meeting in accordance with the Rules which are to be framed by the Government of Maharashtra. So technically and as a practical solution your a cooperative housing society can call general body meeting and elect new Committee in accordance with the Election Rules as approved by the Registrar at the time of registration of your a cooperative housing society .
